RIVERSIDE: City unlikely to remove Mount Rubidoux cross

Riverside officials could decide next week to sell the land under the Mount Rubidoux cross or fight a possible lawsuit, but it appears that removing the cross to avoid a legal battle is off the table.

âFor anybody whoâs worried that we would actually as a council vote to take the cross down, I think you can stop worrying about that one,â Councilman Mike Gardner said.

Council members weighed in Tuesday, Jan. 15, at a three-hour public workshop but will not vote on the future of the iconic cross until Tuesday, Jan. 22.

Washington, D.C.-based Americans United for Separation of Church and State has threatened to sue over the cross, arguing it is an unconstitutional government endorsement of religion because it is on public land.

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Americans United suggested in a letter that the city could resolve the issue by removing the cross, giving the cross away for display on private property, or selling the land where it sits and clearly marking it as non-public.

At the meeting, council members first heard from attorneys about past issues with crosses on public land and how they were decided.

Timothy Coates, an attorney hired by the city, reviewed suits decided by the U.S. Supreme Court and Californiaâs Ninth Circuit appellate court. He told the council the Supreme Court has taken three competing views on religion and the Constitution, and no single view is prevalent.

âThe law in this area is a bit of a mess,â Coates said. âThe U.S. Supreme Court has not provided a definitive rule, and they never had a cross case that they decided on the merits.â

Residents who spoke at the meeting fell mostly into two camps: those who thought the city should fight litigation and those who thought selling the property at an auction is probably the best way to preserve the cross.

Noah Moerbeek won applause from some in the crowd when he said, âThe only reason why, in my opinion, that anybody would be against fighting it is because it would appear that we would lose in court and lose some money. â¦ God doesnât care about that. He cares about effort.â

Several nonprofit groups have offered to defend a case pro bono, but they would not cover attorneysâ fees awarded to the plaintiffs if the city lost the case. Deputy City Attorney Kristi Smith estimated those fees could cost $500,000 to $1 million.

Three community groups -- the Friends of Mt. Rubidoux, Mission Inn Foundation and Riverside Land Conservancy -- have formed an alliance to raise money and put in a bid on the property if the city sells. Their plan is to keep the cross in place and continue to allow public use of the parcel.

Two council members seem to be leaning toward the âsell or fightâ options, though some didnât say where they stood.

Councilman Steve Adams seemed to signal that he favors defending the cross in court, saying, âThose who know me know that Iâm always ready for a good fight.â

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